Bombay High Court

RAJESH GOVARDHAN ANDHARE AND OTHERSversusVISHWANATH SADASHIV TODKARI AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The High Court dismissed the writ petition and directed the trial court to decide the pending civil suit on its merits.

Summary

The petitioners filed a writ petition challenging an order dated 20.08.2016 of the 3rd Joint Civil Judge, Senior Division, Osmanabad, which rejected their application under Section 10 of the Civil Procedure Code. The petitioners argued that the civil suit (RCS No. 579 of 2014, now SCS No. 64 of 2023) is still pending and that the trial court should determine the inter se rights of the parties. The High Court, after hearing counsel, refrained from delving into the merits of the civil dispute. It held that the appropriate forum to resolve the matter is the civil court where the suit is pending. Consequently, the writ petition was disposed of, and the trial court was directed to decide the special civil suit on its merits.

Issues considered

Whether a writ petition challenging the rejection of an application under Section 10 CPC is maintainable when the civil suit is pending before the trial court.
Whether the High Court should intervene in the merits of the civil suit or direct the trial court to decide the inter se rights of the parties.

Legislation cited

Code of Civil Procedure, 1908 — s. 10

Subjects

Writ Petition
Section 10 CPC
Civil Suit
Inter se rights
High Court jurisdiction
Dismissal

Judgment

2026:BHC-AUG:1830

                                                  1                WP / 3422 / 2017


              \
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                920 WRIT PETITION NO. 3422 OF 2017

                           RAJESH GOVARDHAN ANDHARE AND OTHERS
                                         VERSUS
                          VISHWANATH SADASHIV TODKARI AND OTHERS

                                                   ...
                             Advocate for petitioner : Mr. Sunil M. Vibhute
                           AGP for the respondent – State : Mr. D.R. Korde
                       Advocate for respondent no.1 - caveator : Mr. N.B. Jadhav
                                                   ...

                           CORAM                : SIDDHESHWAR S. THOMBRE, J.

                           DATE                 : 17 JANUARY 2026

              PER COURT :

                           Heard learned counsel for the respective parties.


              2.           By way of present petition, the petitioners are challenging

              the order dated 20.08.2016 passed below Exhibit – 32 by 3rd Joint Civil

              Judge Senior Division, Osmanabad in RCS No. 579 of 2014, whereby

              the application filed by the petitioners under section 10 of the CPC,

              came to be rejected.


              3.           Without going into the controversy involved in the present

              petition, both the counsel submit that the RCS 579 of 2014 (now

              converted as SCS no. 64 of 2023), is pending before the Civil Judge

              Senior Division, Osmanabad and it is for the Civil Court to decide the

              inter se rights of the parties.
                                   2                WP / 3422 / 2017



4.          Therefore, the present petition is disposed of by directing

the learned trial Court to decide the Special Civil Suit no. 64 of 2023 on

its own merits.




                               [ SIDDHESHWAR S. THOMBRE ]
                                         JUDGE

arp/

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